e-Journal

09-23

Save the date: 2011 MBA Centennial Conference

Mark your calendars to join us on May 18-19

The Massachusetts Bar Association's 2011 Centennial Conference
will be held at the Boston Sheraton on Wednesday, May 18 and
Thursday, May 19 and will feature:

House of Delegates meeting;

Access to Justice Luncheon;

Centennial Ball;

Continuing Legal Education programming; and

Bench/Bar panel and more.

Additional information will follow in future issues of
e-Journal.

From left to right: MBA Past President and ABA Delegate Kay H. Hodge explains the need for a strong Civics in Education program; After being introduced to delegates as the MBA’s new chief operating officer and chief legal counsel, Martin W. Healy discusses his goals; Real Estate Bar Association President Thomas Moriarty urges delegates to support his organizations lawsuit involving what constitutes the practice of law.
Photos by Tricia Oliver.

HOD supports Civics in Education program, REBA lawsuit

The Massachusetts Bar Association's governing body unanimously
endorsed a renewed Civics in Education program, supported the
Probate Law and Tax Law sections' opposition to pending legislation
and presented a call to action regarding a Real Estate Bar
Association lawsuit.

The House of Delegates, which held its first meeting of the 2010-11
year on Sept. 16 at the Omni Parker House Hotel in Boston, also
heard a presentation from Chief Justice for Administration and
Management Robert A. Mulligan on the status of court funding and
courthouse relocation/construction.

It was also announced that longtime MBA General Counsel Martin
W. Healy, who has been serving as acting executive director, had
been selected as the MBA first chief operating officer. He will
also serve as the MBA's chief legal counsel.

In her first HOD meeting as president, Denise Squillante told
the group that in addition to celebrating the association's 100th
anniversary, her priorities will be educating the public about the
ongoing crisis facing the state's court system and addressing
students' understanding of the important role the legal system
plays in society.

"We're in the centennial year of the MBA, and we're at a
crossroads of under-funding our courts. Through the doors of these
courthouses in Massachusetts are real people with real problems
looking for real solutions."

Look for more information on the MBA's HOD meeting in the
October Lawyers Journal.

Friends and members of the legal community participate in the Sept. 16 President's Reception for Denise Squillante. Photos by Jeff Thiebauth.

Squillante will also be honored by the Attleboro, Bristol County, Fall River, New Bedford and Women's Bar Associations on Sept. 30

As the Massachusetts Bar Association begins its 100th
anniversary, now is the perfect time to support our judges and
state courts, MBA President Denise Squillante said at the
President's Reception at Boston's Omni Parker House Sept. 16.

"We are in this centennial year at a crossroads of our
struggling courts. Average students and average citizens, many do
not understand the role of our courts. This lack of understanding
leads to lack of respect," said Squillante, who outlined her plans
to develop a Civics in Education program and increase the work of
the Fair and Impartial Judiciary Strike Force. "These issues are
all wrapped up together, respect and understanding."

In his introduction of Squillante, MBA Past President Edward P.
Ryan Jr. applauded her decades-long history of hard work in bar
associations and commended her efforts in raising awareness of the
good work of lawyers.

"Denise Squillante is also someone who has never shied away from
the acknowledgment that she is a lawyer. She's proud to be a
lawyer," said Ryan, chair of the Fair and Impartial Judiciary
Strike Force. "She has carried the banner of 'proud to be a lawyer'
her entire career."

Following a standing ovation, Squillante explained it was Ryan
who introduced her to bar association work 15 years into her
career. "I was literally plucked out of a crowd," she said. And
then she received a letter from Ryan's wife, Mal Ryan, inviting her
to join the Family Law Section.

The timing was perfect, said Squillante, who was contemplating
leaving the practice of law to teach the subject. "I was literally
at a career crossroads," said Squillante, who said she was feeling
isolated. "It gave me, as a solo practitioner, a home. That is one
of the real member benefits I hope to share across the state."

Also at the reception, Squillante presented state Sen. Joan M.
Menard (D-Fall River) with the MBA Legislator of the Year Award.
Presented annually, it is given to a state or federal legislator
who has distinguished himself or herself in public service through
outstanding contributions to the legal profession, courts and
administration of justice.

Calling her a "trailblazer for women in the Legislature,"
Squillante said Menard "has proven to be a true leader with an
outstanding intellect and an extraordinary ability. Her superior
leadership skills and loyalty have been recognized throughout her
rise through the ranks."

Look for more on the Sept. 16 President's Reception in the
October Lawyers Journal.

MBA President Denise Squillante will
also be honored by the Attleboro, Bristol County, Fall River, New
Bedford and Women's Bar Associations on Sept. 30 at the Venus de
Milo Restaurant in Swansea. Click here to view the invitation.
R.S.V.P. to Gerlinde Lowe at (508) 990-1303.

News from the courts

CJAM presents overview of Trial Court’s challenges; Massachusetts Appeals Court to hold sitting at UMass School of Law on Sept. 27

Chief Justice for Administration and Management Robert A.
Mulligan provided a sobering overview of the state of the Trial
Court Department to the Massachusetts Bar Association's House of
Delegates meeting on Sept. 16.

One bright spot he noted is the nearing completion of three new
courthouse complexes, as well as several new and recent initiatives
that are improving service.

"We're in a very difficult situation" as the Trial Courts await
their budget for fiscal 2011, Mulligan told the group. After
absorbing $70 million reduction in funding over the last two years,
the courts are anticipating another $10 million reduction for
fiscal 2011 and could expect further reductions in fiscal 2012.

He thanked the MBA for its advocacy during the budget process,
saying the budget is "not what we need, but it's better than what
it would have been."

Mulligan noted that the courts have made a number of drastic
cost-cutting measures, including: reducing staff through attrition,
consolidating courthouses, moving some courts out of leased
property and into state-owned buildings, reducing energy costs by
millions of dollars through green initiatives, and asking judges to
volunteer for five-day furloughs.

"We're trying to save money wherever we can," he said.

At the Sept. 16 meeting, Mulligan said he expected to reach a
decision on which courthouses to close and relocate before the end
of the month. Those savings would begin in fiscal 2011.

Look for more information about Mulligan's overview of the
Trial Court Department in the October Lawyers Journal.

A panel of three justices of the
Massachusetts Appeals Court will hear oral arguments in six appeals
in a special session to be held at the UMass School of Law, 333
Faunce Corner Road, North Dartmouth, on Monday Sept. 27 at 9:30
a.m. The sitting, part of the Appeals Court's continuing outreach
to communities outside Boston, is open to the public.

Oral arguments for each case take approximately thirty minutes.
Seating is on a first come, first served basis. The SJC Rule for cameras in the courtroom will
apply. Interested media representatives should contact Tina
LaFranchi in advance of the sitting.

Immediately following the session, members of the panel, Chief
Justice Phillip Rapoza, Hon. Elspeth Cypher and Hon. Mark Green
will conduct an informal question and answer period for the
students on general topics related to the role of Massachusetts
Appeals Court. (Pending matters will not be discussed.) Chief
Justice Rapoza is a former justice of the Fall River District
Court.

The Massachusetts Chapter of the American Board of Trial
Advocates hosted its annual Constitution Day dinner at the Union
Club on Sept. 17. The dinner has become one of the chapter's most
popular events, and included several distinguished guests including
Associate Justice Robert Cordy of the Supreme Judicial Court, MBA
President Denise Squillante, President-elect Richard P. Campbell,
Vice President Jeffrey N. Catalano, Secretary Marsha V. Kazarosian
and Chief Operating Officer Martin W. Healy and ABOTA National
President Craig Lewis, who came from Houston.

The dinner followed Mass. ABOTA's third annual James Otis Lecture,
a program in which leading scholars or distinguished judges address
high school students from across the commonwealth. This year's
lecture, "Lincoln and the Law," and featured Professor Akhil Reed
Amar, Sterling Professor of Law and Politics at Yale University Law
School and professor Michael Burlingame, author of the 2008 award
winning, biography on Lincoln.

Chris Duggan created the James Otis Lecture Series, a model
program that has since been replicated across the country and was
showcased this Constitution Day (Sept. 17) in Washington, South
Carolina and Florida. The lecture series Board of Advisors
includes: Hon. Robert J. Cordy, Kathleen Heitman, Hon. Julian T.
Houston (ret.), Benjamin Kahrl, professor Thomas O'Connor and David
Rogers.

Upcoming CLE seminar and program schedule

Register and book your accommodations for the MBA's Family Law Conference by Oct. 1, and qualify to receive 10 percent off Cranwell spa specials

To register for the following
programs, call MBA Member Services at (617) 338-0530,[e-mail membership]or visit theCLE Web site.Scroll down for program
details, including dates and registration details.

Recorded session available for
purchase after live program through MBA On Demand.

SAVE THE DATES

New developments in foreclosure legislation have changed the
rules in foreclosure procedures. This program will feature experts
on the attorney's perspective, the homeowner's perspective, the
tenant's perspective and the bank's perspective in conducting a
foreclosure.

Unable to attend these seminars?
Purchase the recorded session available after the live program
through
MBA On Demand and watch the presentation from the comfort of
your home or office.
To view a listing of current programs offered on MBA On Demand, click here.

Massachusetts Bar Foundation 2010 Grantee Receptions

R.S.V.P. for the receptions on Sept 30 in Boston and Oct. 14 in Springfield

For more helpful tips, join the MBA's Law Practice Management
Section. Call MBA Member Services at (617) 338-0530 to join.
To learn more about the Law Practice Management Section,
contact Co-Chairs Andrea
Goldman or Phil
Taylor.

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Section News: Upcoming meetings and special section events

General Practice, Solo & Small Firm Section Council meeting; Law Practice Management Section Council meeting; Criminal Justice Section Council meeting; Family Law Section Council meeting; Business Law Section Council meeting; Civil Litigation Section Council Meeting; Association of Legal Administrators

General Practice, Solo &
Small-Firm Section Council meeting

Monday, Sept. 27, 5:30-7
p.m.
MBA, 20 West St., Boston

The first meeting of the General Practice, Solo & Small Firm
Section Council is scheduled for Monday, Sept. 27 from 5:30 to 7
p.m. at the MBA, 20 West St., Boston.

Civil Litigation Section Council
meeting

Wednesday, Oct. 6, 4:30-6
p.m.
MBA, 20 West St., Boston

At this section council meeting, Robert J. Muldoon Jr., of Sherin
& Lodgen, will speak on current trends and emerging issues in
civil litigation.

Robert J. Muldoon Jr. is a partner at Sherin & Lodgen, a
former managing partner of the firm, co-chair of the Professional
Liability Group and a member of the Litigation Department. He has
represented numerous national and international corporations in
commercial litigation, and has extensive experience in the defense
of legal malpractice cases, life sciences and pharmaceuticals, land
use and development and other real estate issues.

Association of Legal
Administrators

Thursday, Oct. 7, noon
MBA, 20 West St., Boston

Health insurance premiums have
ballooned to our third largest business expense. Health savings
accounts, reimbursement accounts and group purchasing are merely
stop gap measures. MBA Health Law, General Practice, Law Practice
Management and Business Law section members are invited to hear
Drs. Steffi Woolhandler and David Himmelstein, founders of the
Physicians for a National Health Program (PNHP), describe an
alternative to the current system and critique the Reforms we all
face in the next few years.